DBAs – some brighter news

There is lots of talk about Damages Based Agreements (DBAs) especially as the right to recover legal costs in many RTA cases is removed after the end of May 2021. One option is for firms to act on the basis that they will charge a percentage of the damages recovered. Anyone who has ever followed…

Housing Conditions Cases – the costs rules

Most firms do not need us to tell them that the world of whiplash claims will change for all time at the end of May 2020. The new rules flow from the changes set out in the Civil Liability Act 2018. As far as costs are concerned the major changes concern the Small claims Track.…

QOCS and counterclaims

Qualified One Way Costs Shifting was introduced as part of the civil procedure reforms in 2013. It is known, not necessarily with affection, as QOCS. The idea came from the Jackson reforms. It was effectively a trade-off. Insurers said that they would prefer to waive any claim for costs in return for not having to…

Some good news about DBAs

The recent Court of Appeal judgment in Zuberi v Lexlaw Ltd [2021] EWCA Civ 16 has gone some way to clarifying the rules relating to Damages Based Agreements (DBAs). It is fair to say that there has been an extremely limited uptake of DBAs as a litigation funding option since the current rules were introduced…

Can lawyers be paid when acting for themselves?

The recent case of JMH v CFH and SAP revisits the issue of recovery of costs where a solicitor acts for themselves through their own firm. The question goes back as far as London Scottish Benefit Society v Chorley [1884] 13 QBD 872 in which solicitors acted for themselves. The Court of Appeal held that…